The High Court dismissed the insurer's appeal against the Motor Accident Claims Tribunal's award. The Court upheld the Tribunal's finding that unauthorized travel voided policy cover and affirmed the quantum of compensation at Rs. 23,000 as reasonable.
The Motor Accident Civil Miscellaneous Appeal is dismissed with costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[3208 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE SIXTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HON'BLE SMT JUSTICEP. SREE SUDHA
MACMANO: 1677 OF2007
Appeal Under Section 173 of Motor Vehicles Act against theOrderand Decree in O.P.No.720 of 2003 daled 21.03.2OO7 on the file of theCourtof theMotorAccident Claims Tribunal- cum - lll Additional District Judge(FTC), atNizamabad.
Between:
Kum. Panden Bagya, D/o.Venkati, Aged about 16 years, Student, minor, R/o. Sirpur Village, It4andal and District, Nizamabad, rep., by her father and natural Guardian Venkati, R:/o.Sirpur Village Mandal and District Nizamabad
T/pETt,oNER
AND
...RESPONDENTS/RESPONDENTS
Counsel for the Appellant: SRI AZAR SRAVAN KUMAR
Counsel for Respondent No. 2: SRI P. HARINATH GUPTA
Counsel for Respondent No. 1 :
The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE P. SREE SUDHA
M.A.C.M.A. No.1677 OF 2OO7
JUDGMENT:
This appeal is prefcr-red qucstioning the au,ard and decree dated 21.O3.'2OO7pzrssed bJ, the Motor Accident Claims Tribunal (lll A.D.J.) (FTC), Nizamabad (in short Tribunal'), in O.P. No.720 of 2003 u,hercbl' the Tribunal hits awardedthe compensation of Rs.23,OO0/ along u,ithinterr:st(r't 7.5o/o per annum from the dzrte of petition till the datc ofrealization payable by respondent No.I -ourner of the vehjcle, as against the compensation of Rs.2,00,000/- for the injririessustained by the claimant-appellan I in the accident occurredon o5.02.2003.
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injuries,pain andsuffcring,cost oftreatment arrd also transportchargesand cxtrarlourishmentare on very lou'er side. Hence, thelearned counsel prayed to allow the appeal'
4l A perusal of thematerial on recordrevealsthat the petitioner was travellingas an unauthorizedpassenger in the insured vehicle. Asobserved by the Tribunal,the vehicle (lorry) is a Goods Commercialvehicle and it is not a transport vehicle, however, in violationof the policy conditions the petitioner and 60 others have travelledinthe vehiclefor purpose of attending a marriage. In such asituation,the Tribunal has rightly exoneratedthe InsuranceCompany from its liability and in the absenceof any contra evidencelet in by the appellant the said finding ofthe Tribunal carrnotbe interfered with.
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chargcs an(i extra noLlrisilment and Rs.30Or-)/ tori,zrrds pain and sufferirrg. TI-rus, in all, the Tribr-rnal has granted the compensation of Rs.23 ,OOO / [n the rrbsencc ol any documentar.r, evidence acldr-tced in support of the claim of the appellant, this Court is ol the considerec vieu, that the amount of Rs.23,000/- granted b1. the Tr.ibunal torvards compensation is just and reasonable and does not u,arraflt any interference of this Court.
Miscellaneous applications pending, if any, shall stand
closed.
Sd/. P, PADMANABHA REDDY ASSISHT REGISTRAR //TRUE coPY// SEC.TrON OFFICER
To, 1. The Chairman, Motor Accident Claims Tribunal - cum _ I I Additional District Judge (FTC), at Nizamabad. 2. 9nu 99to Sri Azar Sravan Kumar Advocate tOpUCt 4.3. gnu Two CD 99 Copiesto Srip Harinath Cupta Aovoiiie io'pltCl", MBC
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HIGH COURT
DATED: 1610612023
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ORDER
MACMA.N0.1677 of 2007
DISMISSING THE MACMA
WITHOUT COSTS
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Is208 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE SIXTEENTHDAY OF JUNE TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HON'BLE SMT JUSTICE P. SREE SUDHA
MACMA NO: 1677 OF 20Oz
Between:
Kum. Panden Bagya, D/o.Venkati, Aged about 16years, Student,minor,R/o. Sirpur Village, Mahdal and District, Nizamabad, rep., by her father andnatural Guardian Venkati, R/o.Sirpur Village Mandal and District Nizamabad
AND
Appeat under section 173 or Motor vehictes n"t ,s"i;*tihTtT:l"j::tB?:ttJl; O.P.No.720 of 2003 dated 21.03.2007 on the file of the Court of the Motor Accident Claims Tribunal - cum - lll Additional District Judge(FTC), at Nizamabad
ORDER: This appeal coming on for hearing and uponperusing the grounds of appeal, the Judgment and Decree of the Lower Courl and the materialpapers in the case and upon hearing the arguments of Sri Azar Sravan Kumar, Advocate for the Appellant and of Sri P. Harinath Gupta, Advocate for the Respondent No. 2.
This Court doth Order and Decree as follows:-
Memorandum of Costs
Respondent Cost
Rs. Ps
Stamps for Vakalathnama 05-00 Advocate fee (Fee Certificate not filed) 00-00 Translation andprinting Charges 00-00 Total 05-00
Sd/- PJADMANABHA REDDY ASSTSTA!{r REGTSTRAR //TRUE COPY// (fr SECTION OFFICER
II I
HIGH COURT
DATED: 1610612023
DECREE
MACMA.No.1677 ot 2007
DISMISSING THE MACMA
WITHOUT COSTS
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal correctly exonerated the insurance company from liability due to the insured undertaking unauthorized passengers.
Whether the compensation awarded by the Tribunal for injury, treatment, and transport costs was just and reasonable.
1 provisions across 1 enactments
Kum. Panden Bagya, rep. by her father Venkati
K. Ganesh
The New India Assurance Company Limited
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
